PROSECUTOR v SERUSHAGO

PROSECUTOR v SERUSHAGO

The Appeals Chamber found that the Trial Chamber properly considered all mitigating circumstances and the relevant Rwandan sentencing practice, and that the sentence imposed was within its discretion and not erroneous.

Citation
ICTR-98-39-A
Parties
Appellant: Omar Serushago; Respondent: The Prosecutor
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
14 February 2000
Case Number
ICTR-98-39-A
Procedural Posture
Criminal Appeal / Appeal Judgment
Outcome
Appeal dismissed; sentence affirmed
Legal Topics
Genocide, Crimes Against Humanity, Sentencing, Mitigating Circumstances, Appeals Procedure
Source Language
en
International Criminal Law Genocide Crimes Against Humanity Sentencing Mitigating Circumstances Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Omar Serushago

Appellant

The Prosecutor

Respondent

Procedural Posture

Criminal Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Trial Chamber failed to give due weight to mitigating circumstances in sentencing
  2. 2 Whether the Trial Chamber failed to pay due regard to Rwandan sentencing practice

Ratio Decidendi

The Appeals Chamber found that the Trial Chamber properly considered all mitigating circumstances and the relevant Rwandan sentencing practice, and that the sentence imposed was within its discretion and not erroneous.

Court Disposition

Appeal dismissed; sentence affirmed

Orders

  • The appeal is dismissed.
  • The sentence of 15 years' imprisonment imposed by the Trial Chamber is affirmed.